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LEWIS EDSON, ap, v. SOUTHOLD TOWN ZONING BOARD OF APPEALS, res

MATTER OF LEWIS EDSON, ap, v. SOUTHOLD TOWN ZONING BOARD OF APPEALS, res — (INDEX NO. 34358/10)In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Town of Southold dated August 19, 2010, as conditioned approval of the petitioner's application for a farm stand permit upon certain storage and seasonal operation limitations, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Asher, J.), dated June 30, 2011, which denied the petition and dismissed the proceeding.

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MATTER OF LEWIS EDSON, ap, v. SOUTHOLD TOWN ZONING BOARD OF APPEALS, res — (INDEX NO. 34358/10)In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Town of Southold dated August 19, 2010, as conditioned approval of the petitioner’s application for a farm stand permit upon certain storage and seasonal operation limitations, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Asher, J.), dated June 30, 2011, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated and granted, and the conditions in the determination prohibiting the storage of incidental accessory items that are not produced on the petitioner’s farm within the 4,826 squarefoot area of the subject partitioned building and limiting the operation of the farm stand to the period from Labor Day through March 31 are annulled.

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